Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 2 of 2
Full-Text Articles in Law
Things Fall Apart: The Concept Of Collective Security In International Law, Peter G. Danchin
Things Fall Apart: The Concept Of Collective Security In International Law, Peter G. Danchin
Faculty Scholarship
This chapter provides an introduction to the analytical and historical aspects of the concept of collective security in international law. Taking the examples of Italy’s invasion of Ethiopia in 1935 during the League of Nations and the complaint brought by Hyderabad against India at the very inception of the United Nations in 1948, the chapter traces the complex dialectics of normativity and concreteness in debates concerning collective security. Mirroring the normative and institutional dilemmas underlying the two cases of Ethiopia and Hyderabad, it is observed that the questions of “external threats” (the threat or use of force between States) and …
A No-Excuse Approach To Transitional Justice: Reparations As Tools Of Extraordinary Justice, David C. Gray
A No-Excuse Approach To Transitional Justice: Reparations As Tools Of Extraordinary Justice, David C. Gray
Faculty Scholarship
It is sometimes the case that a debate goes off the rails so early that riders assume the rough country around them is the natural backdrop for their travels. That is certainly true in the debate over reparations in transitions to democracy. Reparations traditionally are understood as material or symbolic awards to victims of an abusive regime granted outside of a legal process. While some reparations claims succeed—such as those made by Americans of Japanese decent interned during World War II and those made by European Jews against Germany after World War II—most do not. The principal culprits in these …